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(영문) 수원지방법원 2013.12.05 2012가단61342
건물퇴거명령
Text

1. The Plaintiff:

A. Defendant B leaves the third floor of 114.66 square meters out of the real estate listed in the attached list;

B. Defendant C.

Reasons

1. Basic facts

A. On July 29, 2008, the Plaintiff sold 1,427 square meters out of 1,209,60,000 square meters of the subdivision in the land transaction permission zone to Nonparty D and E (hereinafter “non-party D”) within the land transaction permission zone for KRW 1,570 square meters (hereinafter “pre-division land”), and paid the down payment of KRW 245,00,000 on the date of the contract, the intermediate payment of KRW 350,000,000 until August 31, 2008. The Plaintiff paid the remainder of KRW 614,60,000,000 to the non-party D and E (hereinafter “non-party D”) within one month after resolving the building installed on the above land without permission; the seller transferred the building under the conditions of the pre-sale without permission; and the seller transferred the building to the buyer if the previous building was removed, and the buyer can resolve the problem of the contract without permission within 15 months from the contract date (hereinafter “the contract”).

B. On September 28, 2009, the land before subdivision was divided into 1,390 square meters for F maintenance and 180 square meters for G maintenance. On October 14, 2009, the Plaintiff and the Nonparty agreed to maintain 1,418 square meters for F maintenance (1,390 square meters for 24 square meters for 24 square meters for 1,390 square meters for 24 square meters for 24 square meters for 1,390 square meters for 24 square meters for 24 square meters for 24 square meters for 200 square meters for 200 square meters for 200 square meters for 200 square meters for 200 square meters for 200 square meters for 1,390 square meters for 200 square meters for 200 square meters for 200 square meters for 200 square meters for 200 square meters for 200.

C. The Nonparty paid the Plaintiff KRW 250,000,000 as the down payment on July 29, 2008, the intermediate payment of KRW 350,000,000 as the intermediate payment on September 12, 2008, and KRW 601,00,000 as the remainder payment on April 1, 2010.

At the time of the conclusion of the instant contract, there were unauthorized buildings, etc. newly constructed by K on the land before subdivision. However, the Plaintiff filed a lawsuit against K to remove the building, etc. at the appellate court.

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